Section 19 Evidence

• Library: Administrative Law 2011

The rules of evidence before the PSC are similar to the rules in a court of law, but they are less rigorous because the PSC is not bound by technical rules of evidence. Section 386.410, RSMo 2000. Section 536.070, RSMo 2000, sets forth in some detail the rules of evidence in any hearing before an administrative agency. These rules of evidence apply to proceedings before the PSC. State ex rel. Util. Consumers Council v. Pub. Serv. Comm’n, 562 S.W.2d 688, 693
(Mo. App. E.D. 1978), cert. denied, 439 U.S. 866 (1978). Section 536.070 is adopted in its entirety in 4 CSR 240‑2.130(1).

Section 536.070(1) requires oral testimony to be under oath or affirmation. This is the same as in a court of law, but see State ex rel. Weinhardt v. Ladue Professional Building, Inc., 395 S.W.2d 316, 322 (Mo. App. E.D. 1965), for an example of the consequences of failing to have a witness properly sworn. A proper objection must be made; otherwise, the evidence may be considered.

Section 536.070(2) provides that a witness may be cross-examined on any subject even if it was not the subject of direct examination. This effectively removes any objection that the cross-examination is beyond the scope of direct examination. Under this section, a party may impeach its own witness. The use of exhibits is also authorized under this section. An attorney must offer the exhibits into evidence or the agency is not required to consider them. Mo. Church of Scientology v. State Tax Comm’n, 560 S.W.2d 837, 839 (Mo. banc 1977). See State ex rel. Utility Consumers Council, 562 S.W.2d 688, in which the court held that the appellant was unlawfully deprived of an opportunity to cross-examine witnesses. But the appellant did not object to the exhibit sponsored by the witness and...